I’m working towards a Masters degree in Clinical Mental Health Counseling, and am finishing up my last semester. Technically I’m just finishing my required internship hours (the course itself was from the spring semester and I hold an “incomplete” – if I finish the hours by the end of the semester, which I will, then my degree will be conferred at that time). I’m not actually enrolled in any class this semester.
I’m completing my internship at the teaching clinic the university, rather than at an external site, since I am working full-time and their hours are less disruptive to my work schedule than if I was elsewhere for an entire day. It’s not exactly a well-run clinic – nobody’s perfect but they don’t have a real “office manager” person to keep the Graduate Assistants who staff it running smoothly – but it didn’t majorly bother me (I’ve worked in places where it was worse, so). And I have some unrelated gripes about the program itself – but that’s a post for different day.
At the end of the second week of Fall semester (and the end of the first week of clients), I received an email from one of the faculty, the director of the clinic, with an attached document. The email only said “please sign and return to me ASAP.”
The document was titled “Video/Photograph/Audio Recording Consent Form”.
The offices in this teaching clinic have video and audio recording, and clients have to agree to be monitored, as it’s part of our process to review with our supervisors or during certain classes. We have been told – and I have told my clients – that the recordings are erased at the end of each semester. But the form the clients sign for this purpose is veerrrry different from this one.
Here is most of the problematic language:
I authorize [university], acting through its employees [et al] to take photographs, video recordings, and/or audio recordings of Myself, including My name, My image, My likeness, and/or My voice (“Recordings”). I grant [university] an unlimited right to edit, reproduce, and use the Recordings in any manner or media now existing or hereafter developed, in perpetuity, throughout the world, solely for educational or training purposes.
I hereby assign [university] any and all copyright I may have in the Recordings made of Myself hereunder.
I acknowledge that I am not expecting to receive compensation for participating in the Recordings or for any future use of the Recordings, and that [university] owns all Recordings and the rights thereto.
I hereby release and forever discharge [university], its employees individually [et al] from any and all claims, demands, liability, rights and causes of action which I, My heirs, representatives [et al] have or may have arising from or related to My participation in the Recordings or [university]’s future use of the Recordings, including but not limited to all claims for defamation, libel, invasion of privacy, or infringement of rights of copyright and publicity.
I acknowledge and represent that I have carefully read this Release; that I sign it as my own free act and deed; that I am fully competent to sign this Release; and that the consideration for signing this Release is full and adequate. It is my express intent that, while I am alive, this Release will bind Myself, My spouse, and the members of My family; and that in the event of My death, this Release will also bind My estate, heirs, administrators, personal representatives, and assigns.
WTAF?? I had to blink few times when I first read it, because I couldn’t honestly believe somebody would put together a contract this one-sided. (Then I remembered that NaNoWriMo tried something very similar earlier this year; I almost feel like they took a page out of Nano’s playbook.)
Obviously, there is no way in heck or any other dimensional plane that I am signing this release. Some of the faculty in my program had never even seen it before! I finally managed to pin one of them who did down, who informed me by email that counsel and the security officer had stated that since students and faculty may review recordings made, during supervision or class time, that it might bring FERPA into effect and we should sign that we agree to share those recordings during review.
Heh. But that’s not what the document says.
She also dodged my direct question of “what happens if I refuse to sign?”
I’m very worried they will try to deny my degree if I refuse to sign – and I would rather have that fight NOW, before I submit my application for my license, since I only have 4 months from the date of submission to have my degree conferred. I’m already reaching out to an attorney.
As you can imagine, some of my fellow students did sign it – they didn’t know and/or didn’t care – and I would guess that’s probably what [university] assumed would happen across the board.
But here’s the truly hilarious thing: They gave a copy to ME – and my full-time day job is Contracts Administration. And the person who taught me in my current role worked at [university] previously in the same role. And because we have a contract with this [university] for services unrelated to me and my degree, I actually have the name and email of [university]’s general counsel.
Whoops.
So: I’m writing “REFUSED” in big letters (in Sharpie) across it, and noting at the bottom that I am deliberately refusing to sign this document and I in no way am releasing anybody of any liability in regards to recordings of myself. I’m not taking any chances. I want it on record.
I just needed to vent. This situation is beyond ridiculous and I’m just peeved that I paid tens of thousands of dollars…just to end up with THIS.
